Inherent Principles of Order in Richard Feverel

PMLA ◽  
1963 ◽  
Vol 78 (4-Part1) ◽  
pp. 333-340 ◽  
Author(s):  
John W. Morris
Keyword(s):  
Human Nature ◽  
Common Sense ◽  
Collective Wisdom ◽  
Scientific System

A father who is deserted by his wife and who sets out to rear his son according to a “scientific System” unconsciously founded on his distrust of women and his own wounded pride should be an ideal subject for comedy. The system, running, as it must, counter to common sense and human nature, is bound to fail. And its collapse, with the consequent exposure of the father's false pride and the reassertion of the collective wisdom of society, would provide the comic deflation and denouement. The laughter provoked by the discomfort of the father, underscored by a reaffirmation of the adequacy of common sense, would produce an appropriate comic catharsis. This same situation, of course, has its serious possibilities. The father may ruin his son's life. But not in comedy. Comedy says that the probabilities are that the son, common sense, and nature will overcome the false system of the father. And the comic artist, knowing well that the whole truth will spoil his comedy, is careful not to tell the whole truth—only the comic (probable) side of it. The dark spirit of tragedy always hovers just outside the bright circle drawn by comedy, but it must not be allowed to cross the line. In comedy, as in all art, what is ruled out is as important as what is included.

APLIKASI KAIDAH "AL-'ADAH MUHAKKAMAH" DALAM KASUS PENETAPAN JUMLAH MAHAR

Al-MAJAALIS ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 57-85
Author(s):  
Kholid Saifulloh
Keyword(s):  
Human Nature ◽  
Common Sense ◽  
Legal Basis ◽  
Complete Understanding ◽  
Branch Coverage ◽  
Definition Of ◽  
Determining Factor

Al-'adah muhakkamah, literally ‘customary usage is the determining factor’,is one of the five universal maxims of Islamic jurisprudencewhich have a wide branch coverage agreed upon by the scholars.This maxim is built on the basis of custom and local wisdom that exists in every community, where this custom is continuously carried out by the community without any denial from them; it is precisely individuals who violate these customs will be considered "freaks". Therefore, Islam makes the customs of a community a legal basis as long as they fulfill the requirements stipulated by Sharia.The formulation of the problem in this study is about: (1) the definition of the al-'adah muhakkamah maxim, (2) the conditions for applying it, and (3) its application in determining the amount and type of dowry. This paper tries to study a jurisprudence principle and apply it to a jurisprudence problem so as to form a complete understanding of the rules as well as how to apply them in the branch of jurisprudence. The conclusions of this study are: (1) that 'adah is something that happens repeatedly which is accepted by common sense and human nature, (2) an 'adah can become a legal basis if it does not contradict the arguments of the Sharia, it is more often done than abandoned, there is no words of the' adah doer who excludes, and the 'adah must exist at the time the covenant occurs,(3) the rule of al-'adah muhakkamah can be applied to determine the number and types ofmis^ldowries, as well as musamma dowries which are absolutely stated.

A Change for the Better

2020 ◽  
pp. 220-246
Author(s):  
Hsueh M. Qu
Keyword(s):  
Human Nature ◽  
Common Sense ◽  
Treatise Of Human Nature ◽  
Human Understanding ◽  
The Common ◽  
Common Sense Philosophy ◽  
Contemporary Epistemology ◽  
Epistemological Framework ◽  
Internalist Reliabilism

This chapter makes the case that Hume’s epistemological framework in the Enquiry concerning Human Understanding is superior to that of the Treatise of Human Nature. First, the framework of EHU 12 has strong parallels to contemporary epistemology, in contrast to the Title Principle from THN 1.4.7.11. In particular, aspects of this framework have affinities with Wright-style conservatism, and Steup’s internalist reliabilism. Second, this framework avoids the weaknesses that afflicted the Title Principle: it has adequate foundation, is able to satisfactorily reject superstition, and is founded on truth. Third, unlike its analogue in the Treatise, the epistemological framework of the Enquiry is able to offer a ‘compleat answer’ to Reid and Beattie by denying the common-sense philosophy that is the fundamental basis of their critiques of his philosophy.

The Common Sense of a Poet

2018 ◽  
Author(s):  
R. J. W. Mills
Keyword(s):  
Human Nature ◽  
Common Sense ◽  
Central Target ◽  
Recent Philosophy ◽  
Intellectual Milieu ◽  
The Common ◽  
Literary Arts

This chapter examines the writing and content of James Beattie’s (1735–1803) best-selling Essay on Truth (1770) in terms of his motivations and interests in the late 1760s. The Essay was intended to be a mocking attack on recent sceptical philosophy, with Hume as the central target. The chapter argues that Beattie’s arguments emerged out of the intellectual milieu of 1760s Aberdeen, but were influenced greatly by his interest in the literary arts. The latter framed his particular understanding of the ‘science of human nature’ as something best studied by poets, novelists, and historians and not introspective philosophers. Moreover, Beattie is argued not to be a fearful provincial author railing against the commercial life of Edinburgh and London, but a man deeply angered by recent philosophy from Descartes to Hume and who had many supporters in and outside of Aberdeen pressing him to publish his pugilistic Essay.

Common Sense and Collective Wisdom: A Starting Point

PsycCRITIQUES ◽  
2005 ◽  
Vol 50 (34) ◽  
Author(s):  
Britt Tatman Ferguson
Keyword(s):  
Common Sense ◽  
Collective Wisdom ◽  
Starting Point

Mendelssohn, Moses (1729–86)

2018 ◽  
Author(s):  
Allan Arkush
Keyword(s):  
Political Philosophy ◽  
Human Nature ◽  
Common Sense ◽  
Natural Law ◽  
Possible Worlds ◽  
Political Liberalism ◽  
Human Beings ◽  
Critical Philosophy ◽  
Existence Of God ◽  
Liberty Of Conscience

A Jewish disciple of Leibniz and Wolff, Mendelssohn strove throughout his life to uphold and strengthen their rationalist metaphysics while sustaining his ancestral religion. His most important philosophic task, as he saw it, was to refine and render more persuasive the philosophical proofs for the existence of God, providence and immortality. His major divergence from Leibniz was in stressing that ‘the best of all possible worlds’, which God had created, was in fact more hospitable to human beings than Leibniz had supposed. Towards the end of his life, the irrationalism of Jacobi and the critical philosophy of Kant shook Mendelssohn’s faith in the demonstrability of the fundamental metaphysical precepts, but not his confidence in their truth. They would have to be sustained by ‘common sense’, he reasoned, until future philosophers succeeded in restoring metaphysics to its former glory. While accepting Wolff’s teleological understanding of human nature and natural law, Mendelssohn placed far greater value on human freedom and outlined a political philosophy that protected liberty of conscience. His philosophic defence of his own religion stressed that Judaism is not a ‘revealed religion’ demanding acceptance of particular dogmas but a ‘revealed legislation’ requiring the performance of particular actions. The object of this divine and still valid legislation, he suggested, was often to counteract forces that might otherwise subvert the natural religion entrusted to us by reason. To resolve the tension between his own political liberalism and the Bible’s endorsement of religious coercion, Mendelssohn argued that contemporary Judaism, at any rate, no longer acknowledges any person’s authority to compel others to perform religious acts.

scholarly journals TEORI ADAT DALAM QOWAID FIQHIYAH DAN PENERAPANYA DALAM HUKUM KELUARGA ISLAM

2021 ◽  
Vol 2 (2) ◽  
pp. 119-136
Author(s):  
Heri Mahfudhi ◽  
M. Kholis Arrosid
Keyword(s):  
Human Nature ◽  
Common Sense ◽  
Family Law ◽  
Contemporary Literature ◽  
Legal Basis ◽  
Broad Scope ◽  
Islamic Family Law ◽  
The Way

One of the five major fiqhiyah rules that has a broad scope of discussion branches is Al-'adah muhakkamah. This rule is built on the basis of adat and local wisdom that exists in every community, where this custom is continuously carried out by the community without any denial of them. In fact, individuals who violate these customs will be considered as foreigners. Therefore, Islam makes the customs of the community as a legal basis as long as it fulfills the requirements set by the Shari'a. This paper aims to examine the rules of fiqhiyah "al-'âdat muhakkamah" in general and its implementation in the field of the Islamic family. This type of research is qualitative which relies on the analysis of data obtained from classical and contemporary literature. The results of the study suggest that al-'adah is something that occurs repeatedly which is accepted by common sense and human nature. The theory can also be a judge or legal determinant as long as it does not conflict with the Shari'a or does not go out of the way of maqosid sharia. The rule of al-'Adah muhakkamah can also be implemented as a judge in the field of Islamic family law both classical and contemporary. Abstrak Salah satu dari lima kaidah fiqhiyah besar yang memiliki cakupan cabang pembahasan yang luas adalah Al-‘adah muhakkamah. Kaidah ini dibangun atas landasan adat dan kearifan lokal yang ada pada setiap komunitas masyarakat, dimana adat ini secara kontinu dilakukan oleh masyarakat tanpa adanya pengingkaran dari mereka. Bahkan justru individu-individu yang menyelisihi adat tersebut akan dianggap sebagai orang asing. Oleh sebab itu, Islam menjadikan adat komunitas masyarakat sebagai landasan hukum selama memenuhi persyaratan-persyaratan yang ditetapkan oleh syariat. Tulisan ini bertujuan untuk mengkaji kaidah fiqhiyah “al-‘âdat muhakkamah” secara umum serta implementasinya dalam bidang keluarga Islam. Jenis penelitian ini adalah kualitatif yang bertumpu pada analisis data yang diperoleh dari literatur-literatur klasik dan kontemporer. Hasil penelitian mengemukakan bahwa al-‘adah merupakan sesuatu yang terjadi secara berulang-ulang yang diterima oleh akal sehat dan fitrah manusia. Teori juga dapat menjadi hakim atau penentu hukum selama tidak bertentangan dengan syariat atau  tidak keluar dari jalur maqosid syariah. Kaidah al-‘Adah muhakkamah juga dapat di implementasikan sebagai hakim dalam bidang hukum keluarga Islam baik klasik maupun kontemporer.

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